Date of filing: 30.09.2022
Date of disposal: 21.03.2023
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVALLUR
BEFORE TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law) .…. PRESIDENT
THIRU.P.MURUGAN,M.Com.,ICWA (Inter), B.L., ....MEMBER-II
CC. No.176/2022
THIS TUESDAY, THE 21th DAY OF MARCH 2023
Mrs.S.Sathiya, W/o.Staleen,
No.2, Jagan Street,
Manavalanagar,
Thiruvallur Taluk & District. ……Complainant.
//Vs//
The Manager / Managing Director,
AERO CLUB WOODLAND SHOES S 241,
Plot No.4880.AA-77, 2nd Avenue (near rountana),
Anna Nagar, Chennai 40. ......Opposite party.
Counsel for the complainant : Mr.M.Staleen, Advocate.
Counsel for the opposite parties : M/s.G.Vivekanand, Advocate.
This complaint is coming before us on various dates and finally on 03.03.2023 in the presence of Mr.M.Staleen counsel for the complainant and M/s.G.Vivekanand counsel for the opposite party and upon perusing the documents and evidences of both sides, this Commission delivered the following:
ORDER
PRONOUNCED BY THIRU.P.MURUGAN, MEMBER-II
This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the oppostie party along with a prayer to direct the opposite party to refund the amount spent for purchase of shoe by the complainant and to pay a sum of Rs. 5,000/- towards the transportation charges and to pay a sum of Rs.1,00,000/- towards compensation for the mental agony and hardship caused to the complainant along with cost of the proceedings.
Summary of the facts culminating into complaint:-
The Complainant has purchased a pair of shoes at the Opposite Party’s shop at Anna Nagar, Chennai-40 on 09.06.2022 vide bill customer PAN 202233 S241C00860 with description of goods 2465117 LCAMEL 41 for a sum of Rs.2997/- which was paid through card of State bank of India, Thiruvallur in transaction ID: T2206091331495439221376. The complainant alleges that within a week of purchase the shoes which were used only twice got unmoulded on both the left & right side. Therefore, the Complainant brought the shoes to Opposite Party’s shop at Anna Nagar for return on 24.06.2022 and a written complaint was given for replacement of shoes which was duly acknowledged by the shop Manager of Opposite Party in repair slip No.DL-20. As such there is no reply for nearly 20 days, a legal notice was issued on 06.08.2022 which was acknowledged and received on 06.08.2022 for replacement of shoes and liquidated damage for mental agony a sum of Rs. 1,00,000/- claimed. The legal notice was never replied by the Opposite Party. As per complainant, Opposite Party called after a month to take a new pair of shoes but on visit to Anna Nagar showroom, the Complainant was supplied a new pair of shoes at extra amount and when the Complainant demanded bill for this new purchase the Opposite Party has refused to give bill for the purchase of shoes but gave repair slip No.CCf19. Annoyed by this Act of Opposite Party the Complainant returned the shoes without payment and came back to Thiruvallur. The Complainant put forth that she had visited thrice to Opposite Party’s shop in this regard spending time and money. It is altogether an act of ulterior motive by the Opposite Party towards complainant. It is prayed by the Complainant that the payment made for the shoes be returned and to pay the transportation charges of visit to the Opposite Party’s shop and to pay a sum of Rs. 1,00,000/- as compensation for the mental agony and liquidated damages caused with cost of this suit.
Crux of the defence put forth by the opposite party:-
On the other hand, the Opposite Party in their version have argued that there is no jurisdiction to file this case before this Commission as the showroom situated in Anna Nagar, Chennai. It is argued by the Opposite Party that the item of footwear & Leather Accessories falls under No warranty against wear & tear, size misfit or discomfort problem, once the products is worn. It is pointed out that they are not responsible for any loss damage due to mishandling of products and normal wear and tear due to usage of goods does not qualify for warranty claim. It is stressed by the Opposite Party that the Complainant is bound by the terms and condition pertaining to the warranty though the Complainant cannot be enforce the aforesaid terms and condition beyond material agreement. The Opposite Party put forth that it is purely a wear & tear damage due to improper usage/ mishandling of the product by the Complainant. On the other hand the Opposite Party has come forward to replace the product and the Complainant has selected a higher value of shoes in which transaction the approval towards the difference in prize of old shoes and the new pair of shoes has to be reconciled in Opposite Party head office at Delhi and the invoice for the said transaction shall be generated from Delhi for which the Complainant never accepted and taken back the cash returning the new pair of shoes. The Email on the complaint of shoes by the Complainant was duly replied as per Opposite Party. Thus, the opposite party sought for the dismissal of the complaint.
On the side of complainant proof affidavit was filed and documents Ex.A1 to Ex.6 were marked. On the side of opposite party proof affidavit was filed and documents Ex.B1 to Ex.3 were marked on their side.
Point for consideration:-
Does the pair of shoes bought on 09.06.2022 which got damaged and returned on 24.06.2022 is under warranty and replacement essential?
The clause of wear and tear as in the invoice as mentioned be treated as valid?
What is the relief to the Complainant as such?
Point Nos.1 to 3:-
The question of filing complaint before this Commission is so valid. Since the Complainant is resident of Tiruvallur which is well within the jurisdiction of this Commission. The Commission after hearing the oral arguments of the Complainant and perusing the material fact as submitted by the Complainant and the Opposite Party has come to conclude that the pair of shoes were bought by the Complainant on 09.06.2022 and got damaged within a short period and returned to the seller i.e. Opposite Party on 24.06.2022.
This is acknowledged by the Opposite Party also. The whole issue of buying a pair of shoes which is damaged within short period of purchase and the sales return for which the reaction of Opposite Party towards replacement is under question.
The material fact that the Complainant has bought a pair of shoes on 09.06.2022 wear it for short while and the shoes are off the sole which is evident through Photo makes the claim valid. The same pair of shoes was returned on 24.06.2022 for which a memo issued by Opposite Party for acknowledgement. The question of replacement does have presence since the product was well within the period of warranty.
The question of wear & tear clause of the sale does not suit here as the product returned within two weeks. The seller cannot put forth this as a reason for rejection of replacement for such a valued product. Therefore, after scrutinizing all the material submitted before this Commission, the following relief is ordered.
In the result, the complaint is partly allowed against Opposite Party directing him
To replace the product at no extra cost within four weeks from the date of receipt of copy of this order and directing the Opposite Party;
To pay a sum of Rs.25000/- towards compensation for the mental agony and hardship caused to the complainant;
To pay a sum of Rs. 5000/- towards litigation expenses to the Complainant.
Dictated by the Member-II to the steno-typist, transcribed and computerized by him, corrected by the Member-II and pronounced by us in the open Commission on this the 21st day of March 2023.
Sd/- Sd/-
MEMBER-II PRESIDENT
List of document filed by the complainant:-
Ex.A1 09.06.2022 Retail invoce Rupees 2997/- Xerox
Ex.A2 24.06.2022 Return of atricle. Repair slip DL-20 Xerox
Ex.A3 03.08.2022 Legal notice. Xerox
Ex.A4 ............ Acknowledgement card. Xerox
Ex.A5 20.08.2022 Repair slip ccf-19. Xerox
Ex.A6 ............. Copy of photo Xerox
List of document filed the opposite party:-
Ex.B1 06.09.2018 Authority letter. Xerox
Ex.B2 .............. Back side of the invoice which contains the terms and conditions. Xerox
Ex.B3 29.08.2021 Google pay transaction. Xerox
Sd/- Sd/-
MEMBER-II PRESIDENT
